Opinion
8130
01-17-2019
In re MARGARET MICHELE W.S., Petitioner–Appellant, v. RICHARD ALLEN M., Respondent–Respondent.
Leslie S. Lowenstein, Woodmere, for appellant. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), attorney for the child.
Leslie S. Lowenstein, Woodmere, for appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), attorney for the child.
Renwick, J.P., Manzanet–Daniels, Gische, Mazzarelli, Kahn, JJ.
Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about January 25, 2018, which denied the mother's petition to modify a custody order, unanimously affirmed, without costs.
The petition was properly denied because the mother failed to demonstrate a change in her circumstances warranting granting her supervised visitation with her daughter (see Family Court Act § 467[b][ii] ; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95–96, 447 N.Y.S.2d 893, 432 N.E.2d 765 [1982] ).
This Court previously affirmed a custody order granting the father full custody of the parties' daughter, citing the mother's history of psychiatric hospitalizations and her continued irrational conduct which had placed the child in danger ( Matter of Devin M. [Margaret W.], 119 A.D.3d 435, 989 N.Y.S.2d 35 [1st Dept. 2014] ). Although the mother testified that her mental condition has improved due to a change in her treatment regime, she provided no medical testimony or documentation to substantiate this assertion ( Matter of Savage v. Morales, 147 A.D.3d 861, 46 N.Y.S.3d 669 [2d Dept 2017] ).
We have considered the mother's additional arguments and find then unavailing.